Title 12, Conservation And Resources

[§200-12] Administration of state small boat harbors. The department shall include a separate administrative unit which shall administer the state small boat harbors and the state comprehensive recreational boating program. The unit shall: (1) Adopt necessary rules under section …

[§200-12.5] Native Hawaiian canoes; education. (a) In all state small boat harbors, the department shall accommodate the mooring of native Hawaiian canoes owned or leased by a nonprofit corporation, association, organization, or other duly chartered entity that operates native Ha…

§200-13 Marine inspections. (a) The department shall: (1) Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state small boat harbors; (2) Approve qualified marine surveyors to inspect vessels seeking permits to moor in state sm…

[§200-13.5] Vessel insurance. (a) This section shall apply to: (1) All owners of vessels originally manufactured with a length of twenty-six feet or more that are: (A) Required to be registered pursuant to section 200-31(a); or (B) Operated in state ocean waters with a valid docu…

§200-14 Violation of chapter or rules; penalty. (a) Any person who violates any provision in this chapter, or rule adopted by the department, relating to boating accidents, reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial a…

§200-14.5 General administrative penalties. (a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover admini…

[§200-15] Vessels or property taken into legal custody; unauthorized control. No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department. [L 1991, c 272, pt of §2]

§200-16 Unauthorized vessels; impoundment and disposal proceedings. (a) A vessel moored without a valid use permit or moored with a use permit that has expired or been terminated shall be deemed an unauthorized vessel in violation of this section and shall be subject to impoundme…

[§200-16.5] Responsibility of vessel owner; evidence of unauthorized mooring. (a) In any proceeding for violation of any statute or rule relating to the mooring of vessels, evidence of ownership including: (1) The state registration number; (2) The documented name or number of a …

[§200-17] Designated slip for Coast Guard auxiliary. (a) The department may designate one boat slip, that is not contiguous to the United States Coast Guard, in each harbor to be dedicated to a Coast Guard auxiliary vessel and designated as an auxiliary operational facility. The …

[§200-18] Records of suspensions and revocations of operating privileges to be maintained. (a) The department shall maintain a record of all persons adjudicated of violations under part III of chapter 291E and the period of suspension or revocation of operator privileges ordered …

[§200-19] Private financing of small boat harbor improvements. (a) Notwithstanding any law to the contrary, the board may enter into a capital advancement contract with a private party for any public improvement to or construction of a state small boat harbor, if the chairperson …

§200-2 Board of land and natural resources, powers and duties. (a) The board shall have the primary responsibility for administering the ocean recreation and coastal areas programs and performing the functions heretofore performed by the department of transportation and the depar…

§200-2.5 Disposition of state boating facility properties. (a) Notwithstanding any law to the contrary, the board may lease fast lands and submerged lands within an existing state boating facility by public auction, a request for proposals, or by direct negotiation pursuant to se…

[§200-2.6] Ala Wai boat harbor; leases. The fast lands and submerged lands of the Ala Wai boat harbor that may be leased include the following: (1) All fast lands and submerged lands described in the request for qualifications or request for proposals issued by the division of bo…

[§200-20] Hawaiian outrigger canoes on state shoreline areas. Hawaiian outrigger canoe clubs registered with the Hawaiian Canoe Racing Association, Hui Wa`a Association, its affiliates, or its successor organization may keep their Hawaiian outrigger canoes at no charge on state s…

PART II. BOATING LAW [§200-21] Declaration of policy. The legislature hereby finds, determines, and declares that this part is necessary to promote and attain: (1) The full use and enjoyment of the waters of the State; (2) The safety of persons and the protection of property as r…

[§200-22] Purpose. The purpose of this part is to authorize the chairperson to adopt rules for the regulation of vessels and their use in the waters of the State, which, together with the provisions of this part, shall conform with and supplement federal laws and requirements to …

§200-23 Definitions. As used in this part unless the context otherwise requires: "Boat dealer" means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale…

§200-24 Rules. The department shall adopt rules pursuant to chapter 91 to implement the policy and purpose of this part, and to classify vessels into appropriate categories and classes. The department shall adopt rules pursuant to chapter 91 with respect to the following: (1) The…

[§200-26] Arrest or citation. (a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce this part, hereinaft…

§200-27 Police reports. For the purpose of enforcement, it shall be incumbent upon the director of law enforcement and the police chief of each county to transmit to the department a copy of every investigation report submitted by the director of law enforcement and the police ch…

[§200-28] Duty of operator involved in, and at the scene of, a boating accident; limitations on liability. (a) An operator involved in a boating accident, if and so far as the operator can do so without serious danger to the operator's own vessel, or person aboard, shall render s…

[§200-29] Accident reports by operators; confidential nature. The operator of: (1) Any vessel involved in a boating accident in the waters of the State; and (2) Any vessel required to be registered, or registered, with the department and involved in a boating accident in any wate…

§200-3 Ocean recreation and coastal areas programs. The board shall assume the following functions of the department of transportation: (1) Managing and administering the ocean-based recreation and coastal areas programs of the State; (2) Planning, developing, operating, administ…

[§200-3.2] Unpermitted commercial activity; prima facie evidence; burden of proof. (a) For purposes of determining whether an administrative violation of commercial activity restrictions under this chapter or rules adopted by the department has occurred, advertisement or offers i…

[§200-3.5] Prohibited commercial activities on certain beaches; administrative fine. (a) No commercial vendor shall preset commercial beach equipment on any beach under the jurisdiction of the department unless the customer is physically present for the immediate use of the comme…

[§200-30] Reciprocal agreements and courtesy. The department may enter into, amend, revise, suspend, or revoke reciprocal agreements or arrangements with appropriate and duly authorized agencies of other jurisdictions whereby vessels properly numbered and equipped under the laws …

§200-31 Vessels required to be registered and numbered. (a) Every undocumented vessel shall be registered and numbered before its use or operation on or in the waters of the State on an annual basis in accordance with the rules of the department except: (1) Foreign vessels tempor…

[§200-32] Fees and charges. (a) Except for vessels for which fees and charges are provided in subsection (b), the department shall assess and collect from the owner of each vessel required to be registered and numbered by section 200-31, the following fees and charges: (1) Initia…

[§200-33] Future fee and charge increases or decreases. Notwithstanding section 200-32, all future fee and charge increases or decreases for vessels required to be registered and numbered pursuant to section 200-31 or for vessels owned by or operated under the custody of a boat m…

§200-34 Disposition of revenues. All fees and penalties collected pursuant to sections 200-10, 200-14, 200-14.5, and 200-32, and all fees and penalties established by rules adopted pursuant to sections 200-4 and 200-24, shall be deposited in the boating special fund. [L 1991, c 2…

[§200-35] Uniformity. This part shall be interpreted and construed in the manner best able to effectuate the general purposes of attaining uniformity in the laws of the State, and with the laws of other states and the United States. [L 1991, c 272, pt of §2]

[§200-36] Preemption of local law and special rules. If any ordinance or rule of any county of the State conflicts or is inconsistent with this part or with the rules adopted pursuant thereto, the ordinance or rule shall be void. Any county of the State, at any time, may make for…

§200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating. (a) No person shall operate a thrill craft unless the person is fifteen years of age or older. (b) The department shall adopt rules to designate areas where, and time periods during whi…

§200-37.5 Emergency communication devices. (a) It shall be unlawful to operate in the waters of the State beyond one mile of shore, any: (1) Vessel required to be registered by the State or documented by the United States Coast Guard; or (2) Manual or sail-propelled vessel not re…

§200-38 Ocean recreation management areas. (a) Notwithstanding any other law to the contrary, no commercial operator shall operate a thrill craft, engage in parasailing, water sledding, or commercial high speed boating, operate a motorized vessel towing a person engaged in parasa…

§200-39 Kaneohe Bay commercial ocean use activities; permits; restrictions. (a) Any other provision of this chapter to the contrary notwithstanding, no person shall operate thrill craft, parasailing, water sledding, or commercial high speed boating unless the person meets the req…

[§200-39.5] Hanalei Bay; vessel restrictions. No vessel more than seventy-five feet in length shall enter Hanalei Bay waters, the boundaries of which shall be defined by the board pursuant to chapter 91; provided that this section shall not apply to vessels operated by a federal,…

§200-4 Rules. (a) The chairperson may adopt rules necessary: (1) To regulate the manner in which all vessels may enter the ocean waters and navigable streams of the State and moor, anchor, or dock at small boat harbors, launching ramps, and other boating facilities owned or contr…

[§200-4.5] Safety of ocean users; rules. The department shall adopt rules to promote greater safety of ocean users in the State's nearshore waters. The rules shall include but not be limited to the creation of safe zones for free divers and swimmers and stricter enforcement of bo…

[§200-4.6] Alternate access to state boating facilities; rules. The department shall adopt rules to allow vessels holding a valid ocean recreation management area commercial use permit to use a state small boat harbor or boat launching ramp when unsafe wind and sea conditions wou…

[§200-40] Marine events; permits; exclusive use; cancellation fee. (a) No person shall hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without written authorization from the department; provided that the department's written authori…

[§200-40.5] Event spectators; hazards; mitigation. The department may adopt rules, pursuant to chapter 91, to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, marine parades, surfing contests, and other…

PART III. ABANDONED VESSELS ON PUBLIC AND PRIVATE PROPERTY GENERALLY §200-41 Abandonment of vessels. (a) No person shall abandon any vessel in the waters of the State or on any property, other than the property of the vessel owner, without the consent of the property owner. (b) A…

§200-42 Notice to owner. (a) A state or county agency, upon taking custody of any vessel deemed abandoned pursuant to section 200-41, shall immediately post a written notice on the vessel and send a duplicate original by registered or certified mail, with a return receipt request…